https://www.instituteforgovernment.org.uk/explainers/second-referendum-scottish-independence

 

Under the Scotland Act 1998, the Scottish Parliament is not allowed to pass legislation relating to matters “reserved” to Westminster, including “the Union of the Kingdoms of Scotland and England”. This is widely interpreted to mean that any referendum relating to Scottish independence would require Westminster approval.

However, the matter has never been tested in court, so there remains some uncertainty about whether Holyrood could hold an advisory referendum without consent.

In 2012, the UK and Scottish governments signed the Edinburgh Agreement, which temporarily empowered the Scottish Parliament to hold the first independence referendum. This power was transferred using a so-called ‘section 30 order’, which “put beyond doubt” the legality of that referendum. 

The Scottish government did not explicitly concede that a referendum could never be held without Westminster authorisation. But its preference is to proceed with agreement, since any unauthorised referendum could be blocked in the Supreme Court or simply boycotted by unionist parties.

The framework bill has been certified as within the competence of the Scottish Parliament by the presiding officer. However, Sturgeon has said that a section 30 order would be necessary “to put beyond doubt or challenge our ability to apply the bill to an independence referendum.”

 

Prime Minister Boris Johnson has said he would not approve another vote, claiming that the issue had been settle in the “once-in-a-generation” vote in 2014.

 

The Scottish government remains of the view that Scotland should be given a choice between Brexit and independence.

May 2019, the Scottish government introduced the Referendums (Scotland) Bill, which would set the rules for holding the poll.

 

The Scottish government wants to hold a second independence vote in 2020 – but to do so on a clear legal basis, it will need the agreement of the UK government. If the UK government were to devolved the power to hold a second independence referendum to Scotland, it may place conditions on when the vote could be held.

 

https://www.bbc.com/news/election-2019-50632400

 

 

Ms Sturgeon was pressed on what her options would be given that Boris Johnson has repeatedly said he will not permit indyref2.

She would "cross that bridge then" but would "consider all options", she said.

The first minister stressed that a majority Conservative government was "not inevitable" after the 12 December election and said whoever ends up in No 10 must "respect the will of the Scottish people".